These Terms and Conditions apply to the use of the Platform of StudyLast. These Terms and Conditions contain a binding arbitration clause that impact your rights about how to resolve disputes. StudyLast advises you to thoroughly read these Terms and Conditions in order to ensure that you are aware of your rights and obligations.
These Terms and Conditions, inter alia, describe the following aspects of the relationship between you, whether personally or on behalf of an entity (“you”) and StudyLast:
Provision of data and creating a Profile (section 3);
The functionalities of the Platform (sections 4,5 and 6);
Payment by means of the Platform (section 7);
The notice and take down procedure (section 8);
The limitation of liability for StudyLast (section 11).
Dispute Resolution and Applicable law (section 14 and 15).
Section 1. Definitions
Content: all information placed on the Platform by StudyLast itself, including but not limited to the layout, look and feel of the Platform, the logos and trademarks as well as certain texts and media.
Terms and Conditions: these Terms and Conditions of StudyLast.
Intellectual Property Rights: all the intellectual property rights and associated rights such as copyright, trademark rights, patents, model rights, trade name rights, database rights and neighbouring rights as well as the rights to know-how and one-line performances and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
Platform: the online marketplace that can be accessed through the website studylast.com and underlying web pages which offer you the possibility to download or upload Study Materials whether or not against payment as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
Profile: an individual or group section created by you or created for you and maintained by you when you register for the Platform.
Study Material: all information offered by you or other users of the Platform on the Platform whether or not for payment.
Author: anyone who upload Study Material to the Platform
StudyLast: the limited liability company, Students International LLC.
Author Commission: a percentage of the revenue collected from each sale collected by StudyLast that will be paid out to the Author. The percentage of these commissions are stated on the Platform and can be amended by StudyLast from time to time.
Section 2. Applicability
2.1 These Terms and Conditions apply to all use you make of the Platform.
2.2 StudyLast is at all times entitled to amend or supplement these Terms and Conditions. The current Terms and Conditions can be found on the Platform or will be brought to your notice when creating a Profile and/or logging in. If you continue the use of the Platform after these Terms and Conditions have been amended or supplemented, you thereby irrevocably accept the amended or supplemented Terms and Conditions. If you do not agree with the amended or supplemented Terms and Conditions, the only option you have is to no longer use the Platform and to terminate your Profile.
Section 3. Profile
3.1 In order to be able to use the Platform optimally you have to create a Profile or provide required details to create a Profile for you in the way described on the Platform. When creating a Profile by yourself, you must give a display name, an email address, a username and a password which will allow you to access the Platform and your Profile. A new Profile will be automatically created with an auto generated username for you if you are not logged into your Profile by the time you make a purchase and if you have provided a non-registed email and your first name to complete the purchase. You guarantee to StudyLast that the information provided by you on creating your Profile or to create your Profile is strictly complete, true and accurate.
3.2 In the event that you have not yet reached the age of sixteen (16), you need the consent of your legal representative(s) (your guardian or (one of) your parents) before creating a Profile or providing details to create an account for you. By accepting these Terms and Conditions you guarantee that you are indeed at least sixteen (16), or that you have obtained the consent of your legal representative(s) to create a Profile.
3.3 You yourself are responsible for the correctness and completeness of the data you have provided as well as the alteration of the data in the event that it is no longer accurate. You acknowledge and understand that the correctness and completeness of the data is very important for the Platform to operate optimally. StudyLast cannot make any payments to you if your WISE email is no longer accurate.
3.5 You yourself are responsible for keeping your username and password combination confidential. You are not allowed to give your username and/or password to third parties and/or to otherwise grant third parties access to your Profile. You are therefore liable for all the use made of the Platform through your username and password. StudyLast can assume that you are indeed the person who has signed in with your username and password. As soon as you know or have reason to assume that a username and/or password has come into the hands of unauthorised persons, you must inform StudyLast of this notwithstanding your own obligation to take immediate effective measures yourself such as changing your password.
3.6 StudyLast is at any time entitled to change, alter or shut down the Platform without becoming liable to you in any way. If you do not agree with the changes and/or amendments made by StudyLast, your only remedy is to cease the use of the Platform and to delete your Profile.
3.7 StudyLast reserves the right to change the registration procedure, your password and/or username in the event StudyLast decides that this is in the best interests of the operation of the Platform.
3.8 StudyLast cannot be held liable for any damages resulting from any unauthorized access and/or use of the Platform by third parties.
3.9 You acknowledge and agree that by creating a Profile you automatically grant StudyLast a free of charge, unencumbered, worldwide, sub licensable, non-exclusive license to publish and reproduce certain personal data from your Profile, such as your username and Profile picture, in the light of offering the Platform, for instance for promotional purposes. This license ends automatically if you delete the Study Material and your Profile.
Section 4. Functionalities of the Platform
4.1 You acknowledge and agree that StudyLast only offers a Platform which allows you to exchange Study Material with other users. StudyLast has no knowledge of and/or involvement with the Study Material and/or other information submitted to the Platform by you or other users. StudyLast therefore accepts no liability whatsoever for the Study Material offered by you or other users by means of the Platform.
4.2 You acknowledge and accept that the Platform only includes the functionality and other characteristics as found in the Platform at the time it is used (on an “as is basis”). StudyLast excludes expressly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Platform, unless explicitly stated otherwise in these Terms and Conditions.
Section 5. Uploading Study Materials
5.1 By means of the Platform you can upload Study Material. This Study Material can subsequently be downloaded by other users whether or not for payment. Your Profile will state what Study Material you offer on the Platform, for payment or for free. Your Profile will also state the income generated by you.
5.2 The manner in which the Study Material can be uploaded to the Platform as well as the allowed format are stated on the Platform. You decide what Study Material is uploaded and in what manner you manage this Study Material. StudyLast has no influence on or involvement with the Study Materials uploaded as well as the manner in which it is managed by you.
5.3 If you decide to offer Study Material against payment, you yourself can decide the height of the payment. However, there is a minimum price which is stated on the Platform. You can also decide which pages are accessible for free by providing a sample as a preview. StudyLast reserves the right to at least make 3 pages of the Study Material freely accessible whether or not the Study Material is offered for payment.
5.4 StudyLast reserves the right to insert advertisements of third parties into Study Material. These advertisements will be placed in the Study Material by means of an automated process.
5.5 StudyLast reserves the right to convert the Study Material you uploaded to another format. StudyLast also reserves the right to insert a watermark/logo generated manually or automatically in any Study Material.
5.6 Under the conditions as stated in these Terms and Conditions, you in principle retain your Intellectual Property Rights, including the copyright, you have in the Study Material.
5.7 If you upload Study Material to the Platform, you guarantee that:
You are the full right holder with regard to the study material and you are entitled to upload it to the Platform and offer it to other users;
The Intellectual Property Rights, including the copyright, to the Study Material is vested in you or you have demonstrable consent of the party in which the Intellectual Property Rights are vested to upload the Study Material to the Platform and to offer it to other users;
The Study Material is not in violation of any laws or legislation and/or does not infringe on any (Intellectual Property) Rights of third parties and/or is not otherwise unlawful towards third parties and/or StudyLast;
StudyLast will not be held to make any payments in relation to the uploading and use of the Study Material; and
You are exclusively responsible for all licenses and payment obligations to any third party relating to the uploading and use of the Study Material.
5.8 You indemnify StudyLast as well as all persons affiliated with StudyLast against any and all claims of third parties based on the allegation that the Study Material infringes on any valid Intellectual Property Rights or other rights of third parties or is otherwise unlawful against third parties as well as against all claims resulting from your actions in violation with these Terms and Conditions. All costs incurred and damages suffered by StudyLast which are in any way related to the abovementioned claims will be remunerated by you.
5.9 You acknowledge and agree that by uploading Study Material to the Platform, you automatically grant StudyLast a free of charge, unencumbered, worldwide, sub licensable, non exclusive license to publish and reproduce the Study Material in the light of offering the Platform. This license automatically ends if you remove the Study Material from the Platform.
Section 6. Downloading Study Material
6.1 By using the Platform it is possible to download Study Material whether free or for payment. It is necessary to have a Profile if you wish to download Study Material. The Profile will show what Study Material you have purchased.
6.2 If you have a Profile you have the possibility to rate the Study Material of other users in the manner stated on the Platform.
6.3 If the Study Material is offered for payment, you must pay the requested amount in advance before you can download the Study Material. Payment options are stated on the Platform. Unless otherwise specified in the Content or on the Platform, all amounts listed on the Platform are in United States Dollars. Any applicable taxes and other charges, if any, are additional. Further details regarding payments are listed in section 7.
6.4 StudyLast will refund your purchase if the Study Material is demonstrably defect due to a error in the Platform. If not bound by that requirement, the “100% Money Back Guarantee” will come into play.
To qualify for the “money back guarantee”, you must meet the conditions listed in the Refund Policy. Follow the instructions given in the same page to apply for a refund.
Section 7. Payment
7.1 It is possible to offer Study Material for payment. You can decide the price for your Study Material yourself. The decided price must be in and will be displayed in United States Dollars. You enter directly into an agreement with another user in which you grant him or her the right to use your Study Material. StudyLast is no part of this agreement. StudyLast merely acts as an intermediary by offering a Platform which allows users to upload Study Material and it merely facilities the payments. These Terms and Conditions therefore only apply to the use of the Platform and not to the agreement between users of the Platform. StudyLast offer no guarantee you will receive any payments as a result of uploading your Study Material to the Platform.
7.2 The methods of payment available when purchasing items are listed on the Platform. All payments are handled in cooperation with a third party, who will transfer the earnings involved with all sales amongst sellers.
7.3 Author Commission is paid by StudyLast to Authors via WISE and Authors must set up a WISE account before uploading Study Material to the Platform.
7.4 Author Commission will be paid on a monthly basis to an Author and once the Author Commission has reached a minimum payment level of US$5. StudyLast may offer promotions or discounts to its users which may reduce the Author Commission collected by an Author. If a sale was refunded, the Author Commission will be revoked as well. The non-revoked Author Commission collected in a single month will be paid out on the 15th or the next working day of the following month.
7.5 With regard to the amount of payments you receive from StudyLast, the data of StudyLast will be assumed to be correct unless you can prove this data to be incorrect.
7.6 StudyLast accepts no liability whatsoever regarding errors in the orders of Study Materials, for instance, regarding the number of copies or the type of Study Material. It is not possible to cancel the purchase of any Study Material or to change. For any of the issues above, StudyLast refers you to the user responsible for selling the Study Material.
7.7 You are personally responsible for any necessary declaration of income at the tax collector’s office in the country where tax is to be paid.
7.8 Payment processing services are (in some cases) provided by Stripe and are subject to the Stripe Connected Account agreement, which includes the Stripe Terms of Service. By agreeing to the Terms and conditions you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of StudyLast enabling payment processing services through Stripe, you agree to provide StudyLast accurate and complete information about you, and you authorize StudyLast to share it and transaction information related to your use of the payment processing services provided by Stripe.
Section 8. Notice and Take Down
8.1 In order to stop infringement of the rights of third parties as soon as possible, StudyLast has developed a procedure for reporting infringing Study Material by means of a notice.
8.2 If you claim that certain Study Material infringes on your rights, visit DMCA Policy page and follow the given procedure.
8.3 By issuing a notice you indemnify StudyLast against any claim of third parties with regard to removing or making inaccessible the Study Material and/or the provision of the name, address and place of residence of the user who sent the notice. Such indemnification also covers all the damage that StudyLast suffers and the costs it incurs in relation to such a claim, including – but not limited to – reimbursing the costs of legal assistance.
8.4 StudyLast will not in any way whatsoever be a party to any dispute between the party that issued the notice and the other party.
Section 9. Availability of the Platform
9.1 StudyLast is entitled to put the Platform (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you, if in the opinion of StudyLast this is necessary, for instance, in connection to the required maintenance of the Platform.
9.2 StudyLast is entitled to make procedural and technical changes and/or amendments to the Platform without giving you prior notification.
9.3 StudyLast does not guarantee that the Platform or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Platform can occur, as a result of failures in the internet or phone connection or by viruses or faults/defects. StudyLast is not liable or obliged to the user to pay compensation in any way whatsoever for any damage resulting or arising from the website being (temporarily) unavailable.
Section 10. Intellectual Property Rights
10.1 The Intellectual Property Rights regarding the Platform, as well as all Content published on and/or transmitted by means of the Platform, with the exception of the Study Material, are vested in StudyLast and/or its licensor(s).
10.2 Under the conditions stated in this Terms and Conditions, StudyLast hereby grants you a limited, personal, revocable, non exclusive, non licensable, non assignable right to use the Platform and the Content and view it in the manner and the format as used on the Platform.
10.3 You may not change, render illegible or remove any trademark or recognition signs affixed to the Platform, the Content and/or any references to Intellectual Property Rights.
10.4 Nothing in these Terms and Conditions is construed to transfer any Intellectual Property Rights to you. You will refrain from any action which may infringe on the Intellectual Property Rights of StudyLast such as registering domain names, trademarks or Google Adwords that are identical and/or similar to any Intellectual Property Rights of StudyLast.
10.5 Without prior written consent of StudyLast no one is allowed to retrieve and re-use a substantial part of the Contents of (parts of) the Platform and/or retrieve and repeatedly and systematically re-use non-substantial parts of the Contents of the Platform within the sense of the Dutch Databases Act.
10.6 Study Material offered on StudyLast is only to be used as a study aid. You are not permitted to submit Study Material found on StudyLast as your own work if it is not, as this is in breach of copyright. This is also plagiarism and constitutes academic misconduct at all academic institutions.
Section 11. Liability
11.1 StudyLast will not accept any liability for damages as a result of offering you the Platform, an unlawful act or otherwise, as stipulated in this page.
11.2 In using the Platform you guarantee that you have thoroughly checked the rules, regulations and provisions governing your school, university or education institution and that you are allowed to use the services offered by StudyLast. StudyLast accepts no liability or responsibility for your decision to use the Platform, should this decision be against your school’s, university’s or education institution’s regulations or provisions regarding academic work.
Section 12. Force Majeure
12.1 In the case of Force Majeure the non fullfilment of the agreement between you and StudyLast can not be counted as an attributable failure and the agreement between you and StudyLast does not exist.
12.2 Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the Platform, disruptions of the electricity supply, fire, natural disasters, strikes, floods, failures to perform by third parties hired by StudyLast, disturbances in the internet connection, hardware disruptions, disruptions in the (telecommunications) networks and other unforeseen circumstances.
Section 13. Termination
13.1 You are entitled to terminate the agreement at any time by discontinuing the use of the Platform and terminating your Profile.
13.2 In addition to the other remedies or means available to StudyLast, StudyLast make decisions at its own discretion at all times, without becoming liable to you. StudyLast is entitled to (temporarily) restrict or suspend your activities in connection with the Platform and/or to delete your Profile in the event you violate these Terms and Conditions including, but not limited to, sections 3.3, 3.4 and 5.7.
13.3 If you are still entitled to a payment after you have deleted your account (unpaid Author Commission), StudyLast will ensure that the payment due will be sent to you. However, in the event your Profile has been deleted as a result of an infringement of these Terms and Conditions as meant in section 13.2, StudyLast reserves the right to keep (part of) the payment due if StudyLast suffered damages as a result of termination.
13.4 If you do not access your Profile by ‘logging on’ to your Profile using your username name and password for any consecutive period of 365 days, then after those 365 days (the ‘Grace Period’) your Profile will be deemed ‘Inactive’.
Section 14. Dispute Resolution
14.1 To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or StudyLast (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally (by email or otherwise – StudyLast contact details are stated under Section 17) for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
14.2 If the dispute cannot be resolved through informal negotiations, it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
Section 15. Applicable Law
15.1 These Terms and Conditions and any separate agreements and the use of the Platform are governed by and construed in accordance with the laws of the State of New Mexico, United States of America.
Section 16. Miscellaneous
16.1 If any provision of these Terms and Conditions shall be held to be (partly) illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, so that the Terms and Conditions shall otherwise remain in full force, effect and enforceability. StudyLast will replace the invalid part with clauses which will be valid, and of which the legal consequences – considering the conditions and purpose of these Terms and Conditions – correspond as much as possible with those of the invalid part.
16.2 StudyLast is entitled to assign any rights and obligations that result from these Terms and Conditions to third parties, in which case it will notify you. In the event that you cannot agree with the assignment, your only remedy is to cease the use of the Platform and delete your Profile.
Section 17. Contact Us
17.1 In order to resolve a complaint regarding the StudyLast or these Terms and Conditions or to receive further information regarding use of the Platform, please contact us at: [email protected] or by visiting this page.
Last updated December 08, 2021.